The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1887-09-24
SATURDAY, Sept. II, 1887.

SATURDAY Sept II, 1887.
Board met pursuant to adjournment
Present same as yesterday.
The record OF yesterday sessions was
read and approved.
Supervisor Mcintyre here took the chair
Supervisor Gibbs offered the following
resolution, which was adopted:
kesolUed, That the committee to settle
with county agent be instructed to audit no
bills against the county except such as are
personally contracted by said agent.
Supervisor Norton submitted the follow
Ing report, which was adopted:
Mr.. Chairman, dc: In view Of the adop.
ton of the report of your committee to
settle with the sheriff, circumstances and
conscientious discharge Of my duty and
justice to myself compel me to inform you
of my course in the future which necessity
will compel me to pursue. You will see
by my report that the travelling expenses
exceed the allowance by 1903 80, cash eX-
pended and advanced to the county. There
has also been $l5S4l cash expended. This
amount Is made up Of items for conveying
the insane TO Elgin and Kankakee, prison.
ers to Joliet and the reform school, de.
pendent and deserving subjects TO the In.
dustrial schools, &c, and of current ex.
penses, such as telegraph, telephone, post
age, &c. These charges have heretofore
been paid as regular current expenses OF the
office and not embodied in these reports -
There has also been expended for deputies
and bailitfs In excess of allowances $3l06
This makes total of S772S0, advanced by
me 10 conduct the business of La Sale
county. Under decision Of the Supreme
Court, am informed by legal counsel and
by the chairman of your committee, II
in the discharge of my duties as sheriff
exceed in expenses for the office the
amount collected by the officer, the county
cannot be held responsible for the same
Realizing this fact, present this commu.
nication and deem II my duty to inform
the board that | shall be obliged 10 decline
TO perform any duties of the office which
will incur expense, after the present allow
ances and receipts are expended. Feeling
that the present allowance and collections
will be exhausted before the next meeting
of the board, respectfully call attention
of your honorable body TO the exigency of
the case and request reasonable relief.
Yours respectfully,
IL. MORRIssEY, Sheriff.
Your committee are Of the opinion that
the Constitution and decisions of the Su-
preme Court have answered SO completely
the foregoing communication that we sim
ply quote their language, as found In Vol
30 Illinois Reports, page 34l, and others
cited:
Why the county board fix the amount
II 1t Is to be without any efTect-if in any
case 1t may be shown that the amount
fixed Is more or less than necessary Who
then is to determine what Is necessary Is
1t 10 be left 10 the determination of the
officer, and the temptation be held out TO
him TO keep all the fees that come into his
hands, under the claim that they are nee
essary to pay the expenses of his office, and
trusting 10 his ability to make 1t SO appear ?
Or Is II TO be left TO the determination of
the verdict Of jury at the end of a liti.
gated suitg
Is II the policy of the law that an of.
ficer's compensation shall be fixed and
known--that he shall have that and nc
more-that the amount of his pay shall
not depend upon decision to be made
upon quantum meruit claim. SIS
When the county board has thus fixed
an officers compensation we conceive thai
that Is all TO which he is entitled"
We do not SEQ that under the Constitution
there Is any ether power which HAS the
authority TO increase It."
II Brad, p. 264: 1.-THE sheriff takes hi,
office with its burdens, and not only hi
compensation, but the expenses of his offic.
are to be betrayed only out Of the fees ant
emoluments by him received"
81 lii, p. 423: THE incumbent takes th,
Office with ifs burdens" ~
The constitutional inhibition is absolute